Keycard – effective 7 April 2014
Advice and assistance
and civil legal aid
Keycard
2014
About the Keycard
This interim Keycard sets out the various eligibility limits, contributions and clawback levels in advice
and assistance and civil legal aid in force from
7 April 2014.
During the course of this year there may be further updates and changes to this Keycard
due to the introduction of criminal contributions.
For more guidance on eligibility, contributions and clawback, refer to the Scottish Legal
Assistance Handbooks, available on our website www.slab.org.uk .
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Keycard – effective 7 April 2014
Contents
page
Advice and assistance

3

Documentary evidence of your client’s financial
circumstances
Capital

Income
6

Contributions for advice and assistance
9

Contributions for diagnostic civil advice and
assistance
10

Authorised expenditure
11

Clawback and regulation 16(3)
12
4
Civil legal aid

Financial eligibility
14

Clawback limits
15
Definitions used
Partner
In this Keycard, the word “partner” means someone the applicant normally lives with as a couple,
whether or not they are married and of the same or different sex.
The resources of the applicant’s spouse or partner must be included in the assessment of the
applicant’s eligibility unless:
•
 there is a contrary interest in the matter for which the advice is sought
 the applicant and their spouse or partner are separated – by “separated” we mean that they
consider the marriage or relationship to be at an end.
•  It would be inequitable or impracticable to aggregate their resources (if you consider this is the
case, please contact the Board for advice)
For example, if the applicant is in prison or works away from home, but neither of the above conditions
applies, the resources of the spouse or partner must be included.
By “partner”, we mean anyone the applicant lives with as if married to. This also applies to couples of
the same sex.
Child
The definition of a child, for the purposes of assessment of disposable income and capital, given in the
Advice and Assistance (Scotland) Regulations 1996 and the Civil Legal Aid (Scotland) Regulations 2002
is the definition of a child as that given in section 1(5) of the Family Law (Scotland) Act 1985 (“the
1985 Act”).
When assessing the financial eligibility of children seeking advice and assistance and civil legal aid, the
resources of any person who owes an obligation of aliment to that child, within the definition given in
section 1(1)(c) or (d) of the 1985 Act, must be included, along with the child’s resources in
establishing financial eligibility, unless: in the particular circumstances it would be unjust or inequitable to do so. If you consider this is
the case, please contact the Board for advice before admitting the applicant to advice and
assistance. When making an application for legal aid, please address the reasons why we should
not take such resources into account, having regard to published Board guidance.
 the child has a contrary interest with the person who owes a duty of aliment as described in
section 1(1)(c) or (d) of the 1985 Act.
Subject matter of dispute
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Keycard – effective 7 April 2014
Subject matter of dispute means property which is at issue in the dispute or proceedings, and may not
be available to the client at the conclusion of the matter.
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Keycard – effective 7 April 2014
Advice and assistance
Documentary evidence of clients’ financial circumstances
Solicitors are responsible for deciding if their clients are financially eligible for advice and assistance. In
civil, children’s and criminal cases the Board has the authority to withhold or to recover payments
made to solicitors’ firms where, in granting advice and assistance, it is found that the financial tests
have not been applied properly.
You should refer to this Keycard and the guidance in the Legal Assistance Handbooks about assessing
disposable income and capital. Clients who are granted advice and assistance must be financially
eligible.
Most clients should be able to give their solicitor documentary evidence of their financial position.
When arranging an initial meeting with a solicitor, the client should be asked to bring documentary
evidence of their capital and income with the proof of identity you need when signing up new clients,
whether legally aided or not. This advice applies equally to repeat clients. It is not safe for you to
assume that your client’s financial position has not changed since the last time you gave them advice.
We recommend that solicitors should see, wherever practicable, the following evidence:
for income:
 where the client is employed - a recent wage slip or bank statement
 where the client receives benefits - a letter of award, benefit book (in the few cases where it is
paid this way) or a bank statement (which might simply be an ATM receipt showing the credit).
for capital:
 a bank statement and statement/passbook- and certificate for savings and/or investments held.
If you have not seen any evidence, you must explain in the advice and assistance application how you
were satisfied that the client was financially eligible.
We appreciate that in some circumstances, clients may not have documentary evidence available when
consulting a solicitor. For example, in an emergency, where they are part of some acrimonious dispute
which prevents access to documentation or where they are in custody. Where they do not have access
to documentary evidence, you may be satisfied from the limited information available, but you should
then seek verification from the client at the earliest opportunity, and before seeking any increase in
authorised expenditure.
Keep a copy of this verification on file, so that it can be seen at peer review or at a Board
compliance inspection.
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Keycard – effective 7 April 2014
Assessing eligibility
A client’s income and capital must be within the current financial limits to qualify for advice and
assistance.
We recommend you assess their disposable capital before assessing income, since if they do not
qualify on capital, they are ineligible for advice and assistance – even if they receive “passport”
benefits (that is, income support, an income-related employment and support allowance or incomebased jobseeker’s allowance).
Assessing eligibility on capital
Disposable capital – from 7 April 2014
£1,716 maximum for eligibility*
A person whose disposable capital exceeds the capital limit of £1716 is NOT eligible for advice and
assistance, whatever their disposable income or eligibility for a passport benefit.
To calculate disposable capital, you should:
 calculate your client’s total capital
 deduct from the total capital the standard allowances
 disregard the levels of capital shown in the section below if the applicant is of pensionable age.
* This limit does not apply to advice and assistance given to suspects being questioned by the police at
police stations as there is no upper capital limit in such circumstances.
Working out your client’s total capital
Capital means savings and anything else of value the client and their partner, if appropriate, own.
This excludes the client’s main residence and the value of any disputed assets which are
part of the subject matter of the advice.
Examples of capital include:
 the amount that could be borrowed against all land and buildings the client or their partner own,
other than the client’s main home, including interests in timeshares
 money in the bank, building society, post office, premium bonds, national savings certificates etc
 investments, stocks and shares, including ISAs
 money that can be borrowed against insurance policies
 the value of other non-essential possessions, such as a boat, a caravan, second car, jewellery
(but not wedding or engagement rings), antiques or items bought for investment
 money owed to the client or their partner
 money due from the will of someone who has died
 money due from a trust fund
 money that can be borrowed against business assets
 redundancy payments.
You




should NOT include in capital:
the home in which the client and their partner live
the client’s household furniture and clothing
the client’s tools and equipment they need for work
the value of any property or item that is the subject of the dispute.
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Keycard – effective 7 April 2014
Standard allowances
Standard allowances against capital are deductible for the following persons:

a partner whose resources have to be aggregated – who is considered as the first dependant
and/or
a dependent person who is wholly or substantially maintained.
For the first such dependant
£335
For the second such dependant
£200
For each other such dependant
£100
No allowances should be made for any children where the applicant receives Foster Care Allowance.
Disregards for applicants of pensionable age
Where the applicant is of pensionable age (60 in all cases), with a weekly disposable income
(excluding investment income) below £105, you should disregard capital as:
Weekly disposable income up to £10
disregard £25,000
Weekly disposable income £11 - £22
disregard £20,000
Weekly disposable income £23 - £34
disregard £15,000
Weekly disposable income £35 - £46
disregard £10,000
Weekly disposable income £47 - £105
disregard £5,000
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Keycard – effective 7 April 2014
Assessing eligibility on income
Disposable income - from 7 April 2014
£245 a week maximum for eligibility*
A person whose disposable income exceeds the income limit of £245 a week is NOT eligible for advice
and assistance, whatever their disposable capital, unless they receive a passport benefit (income
support, an income-related employment and support allowance or income-based jobseeker’s
allowance).
“Income” means the total income, from all sources, which the client and their partner received or
became entitled to during or in respect of the seven days up to and including the date of the
application.
This excludes income that is the subject matter of the dispute – for example, maintenance being
claimed which is part of the subject matter of the advice. Deduct income tax and national insurance
contributions from income.
*This limit does not apply to advice and assistance given to suspects being questioned by the police at
police stations as there is no upper income limit in such circumstances. If a client’s disposable income
exceeds £245, they can still be admitted to advice and assistance, although the client will be liable for
a contribution of £142.
Calculating eligibility on income
To calculate eligibility on income, you should:
 check if your client receives a passport benefit (see below)
 calculate your client’s net weekly income
 deduct from the net weekly income the standard allowances
 calculate if they qualify and if they have to pay a contribution.
When calculating monthly income, multiply it by 12 and then divide by 52 to work out the weekly
figure. To make assessment easier, round the figure up or down to the nearest pound.
Passport benefits – automatically eligible on income
If the client or their partner receives a passport benefit:
 income support
 an income-related employment and support allowance
 income-based jobseeker’s allowance
 Universal Credit
they qualify automatically on income for advice and assistance and will not have to pay a
contribution. However, you must still assess your client’s disposable capital.
Calculating net weekly income
You










must include:
earnings (including any tips), drawings or profits from business
maintenance payments (unless paid through the Child Support Agency)
private or employee pensions
occupational sick pay
occupational maternity pay
student grants or bursaries (but do not include student loans)
National Asylum Support Service (NASS) payments
money received from friends and relatives (other than loans)
income from savings and investments
dividends from shares.
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Keycard – effective 7 April 2014
Various benefits which the client may receive are disregarded in the financial assessment. Do not
include:


























Working Tax Credit
Child Tax Credit
Pension Credit
Child Benefit
Attendance Allowance
Bereavement Allowance
Bereavement Payment
Child Maintenance Bonus
Child Support Maintenance (only if paid
through the Child Support Agency)
Christmas Bonus
Contribution-based Jobseeker’s Allowance
Contribution-based Employment and
Support Allowance
Council Tax Benefit
Disability Living Allowance (DLA)
Guardian’s Allowance
Housing Benefit
Incapacity Benefit (Incap)
Industrial Injuries Disablement Pension
(IIDP)
Care (Invalid) Allowance
Personal Independence Payment
A rmed Forces Independence Payment
Severe Disablement Allowance
Sickness Benefit
State Retirement Pension
Statutory Maternity Pay (nonoccupational)
Statutory Sick Pay (non-occupational)
Page 8 of 17




Sums payable to holders of the Victoria
Cross or George Cross
War Disablement Pension
War Widow’s/Widower’s Pension
Widowed Parent’s Allowance.
Keycard – effective 7 April 2014
Particular situations

Adults with Incapacity – you must assess all income and capital for the adult concerned,
not those of the person making the application.

Foster Care Allowance, Adoption Allowance and Kinship Carers Allowance - do not
include any Foster Care Allowance the applicant receives in the calculation for disposable income.
Do not deduct dependant’s allowances for capital and income for any of the foster children.

Applications from children
The resources of any person who owes an obligation of aliment to that child, within the definition
given in section 1(1)(c) or (d) of the 1985 Act, must be included, along with the child’s
resources in establishing financial eligibility unless it would be unjust or inequitable to do so (see
page 3 above).
Allowances
You should deduct the following standard allowances against income for the maintenance of:
Partner whose resources have to be aggregated
£41.30
Any dependent person, adult (other than
partner) or child (but do not include any foster
children), who is wholly or substantially
maintained, being a member of the applicant’s
household
£66.33
Deduct the actual maintenance paid for the last seven days, not the standard allowance, if:

the applicant and partner are living apart

the applicant is paying maintenance for a dependant who is not part of the household.
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Keycard – effective 7 April 2014
Clients’ contributions
This applies to criminal, children’s and civil advice and assistance, except diagnostic civil advice and
assistance (for more information about this, read page 10)– see the next table for these contributions.
Disposable income range
Maximum
contribution
Disposable Income not exceeding £105
£0
Exceeding £105 but not exceeding £112 a week
£7
Exceeding £112 but not exceeding £119 a week
£14
Exceeding £119 but not exceeding £126 a week
£21
Exceeding £126 but not exceeding £133 a week
£28
Exceeding £133 but not exceeding £140 a week
£35
Exceeding £140 but not exceeding £147 a week
£42
Exceeding £147 but not exceeding £154 a week
£49
Exceeding £154 but not exceeding £161 a week
£56
Exceeding £161 but not exceeding £168 a week
£63
Exceeding £168 but not exceeding £175 a week
£70
Exceeding £175 but not exceeding £182 a week
£77
Exceeding £182 but not exceeding £189 a week
£84
Exceeding £189 but not exceeding £196 a week
£91
Exceeding £196 but not exceeding £203 a week
£98
Exceeding £203 but not exceeding £210 a week
£105
Exceeding £210 but not exceeding £217 a week
£112
Exceeding £217 but not exceeding £224 a week
£119
Exceeding £224 but not exceeding £231 a week
£126
Exceeding £231 but not exceeding £245 a week
£135
Exceeding £245
£142*
*The contribution for applicants with disposable income exceeding £245 applies only to advice given to
suspects being questioned by the police at police stations.
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Keycard – effective 7 April 2014
Civil advice and assistance – diagnostic cases
A different contribution scale applies to diagnostic civil advice and assistance.
Diagnostic civil advice and assistance is where the client’s problem is not among the specific categories
approved for standard advice and assistance, and you are providing advice and assistance by way of a
diagnostic interview, deciding whether further assistance can be offered, or if the client needs to be
advised to contact another agency for help. Where there is a diagnostic interview, the maximum
contribution payable is £35.
Disposable income range
Maximum
contribution
Exceeding £105 but not exceeding £134 a week
£7
Exceeding £134 but not exceeding £163 a week
£14
Exceeding £163 but not exceeding £193 a week
£21
Exceeding £193 but not exceeding £222 a week
£28
Exceeding £222 but not exceeding £245 a week
£35
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Keycard – effective 7 April 2014
Initial limit of authorised expenditure
Civil advice and assistance
The standard initial limits of authorised expenditure in civil advice and assistance are:

Diagnostic - £35

Standard - £95
The initial limit of £180 applies in certain specified situations where either advice and assistance or
ABWOR is given. The £180 initial limit for advice and assistance applies where
(a) you are satisfied the matter is likely to be resolved only by preparing for proceedings in a civil
court for which legal aid is available, and
(b) it is likely (on the information provided to you) the applicant will qualify on financial grounds
for civil legal aid, and
(c) it is reasonable in the circumstances of the case.
The £180 initial limit for ABWOR also applies in relation to a petition by a debtor for the sequestration
of his estate (inclusive fees are prescribed for this work).
Criminal advice and assistance
For criminal advice and assistance and criminal ABWOR cases, the initial limits of expenditure can be
£35, £90, £185, £550, or £165, depending on the type of criminal advice and assistance or ABWOR
being used:

£35 applies for general advice and assistance, where advice is being given prior to the service
of a complaint or direct measure, or if the direct measure is accepted.

£90 applies for standard advice and assistance where advice is being given after the issue of a
summary complaint or if the direct measure is being challenged.

£90 applies to advice given in connection with solemn criminal matters.

£185 applies for ABWOR cases on a block fee basis in JP court cases. This is the £150 block
fee with the £25 fee for any diet where a social enquiry report (SER) is being considered,
together with £10 for any outlays.

£550 applies for ABWOR cases on a block fee basis in the Sheriff Court and Stipendiary
Magistrates Court cases. This is the £485 or £390 block fee (formely £515) with the £25 fee
for any diet where a SER is being considered, together with an allowance for any outlays.

£165 applies for ABWOR cases for Parole Board proceedings, or if a second or subsequent diet
has been ordered by the court for any other cases where ABWOR is available on a chargeable
basis

£90 applies where it relates to ABWOR for any other summary criminal matter.
Children’s advice and assistance
£95 is the initial limit of authorised expenditure for children’s advice and assistance.
Increases in authorised expenditure
An increase in authorised expenditure is only effective from the date we grant it.
We cannot authorise increases retrospectively and if you do any work not covered by the authorised
expenditure at any given time, we cannot pay for it.
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Keycard – effective 7 April 2014
Clawback and regulation 16(3)
Clawback limits
The solicitor’s right to prior payment of fees and outlays out of any property recovered or preserved
for a client under advice and assistance does not apply to property recovered or preserved by virtue of
certain family proceedings listed in regulation 16(2)(b) of the Advice and Assistance (Scotland)
Regulations 1996, to the extent set out in the regulation.
Please note the exemption under Regulation 16(2(b) affecting money or the value of
property recovered or preserved by virtue of certain family proceedings, no longer applies
where advice and assistance was provided on or after 1 April 2011.
The limits to be applied are:
Amount
Date of order or settlement prior to 1 December 2002
£2,500
Date of order or settlement on or after 1 December
2002
(and not covered below)
£4,200
Date of application for advice and assistance
between:
06 April 2003 and 11 April 2004
£4,275
12 April 2004 and 10 April 2005
£4,395
11 April 2005 and 09 April 2006
£4,531
10 April 2006 and 08 April 2007
£4,653
09 April 2007 and 06 April 2008
£4,821
07 April 2008 and 05 April 2009
£5,009
06 April 2009 and 11 April 2010
£5,259
12 April 2010 and 01 April 2011
£5338
On or after 1 April 2011
NIL
In relation to advice and assistance granted on or after 1 April 2011 no exemption can be applied to:

any dwelling recovered or preserved for the client as a result of advice and assistance given to
him by the solicitor;

any money paid under an order made by the Employment Appeal Tribunal which continues in
existence under section 20 of the Employment Tribunals Act 1996 or under any settlement
arrived at to prevent or bring to an end proceedings in which such an order may be made;

any payment of money in accordance with an order made under section 21 of the 1996 Act by
the Employment Appeal Tribunal;

any payment of money in accordance with an order made by an employment tribunal or under
any settlement arrived at to prevent or bring to an end proceedings in which such an order may
be made.
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Keycard – effective 7 April 2014
Regulation 16(3)
We pay fees and outlays according to the steps set out in section 12(3) of the Act. The Fund only pays
as a last resort – you must first look to the client’s contribution, expenses paid by the opponent and
property recovered or preserved by the applicant (subject to the exemptions set down in regulation
16(2) of the Advice and Assistance (Scotland) Regulations 1996.
If money or property is recovered, you can apply to us to waive this charge because either:

it would cause grave hardship or distress to the client [regulation 16(3)(a)]; or

payment of your account from the money or property could only be effected with unreasonable
difficulty or after unreasonable delay, provided you have taken all reasonable steps to have your
account paid out of the money or property [regulation 16(3)(b)].
If, after we have paid a solicitor’s account under regulation 16(3)(b), we find that the person who
received advice and assistance has

either received expenses, or recovered or preserved property, and

not told us about it
we can recover the amount of fees and outlays paid, less any amount which would have been properly
payable by way of fees and outlays under section 12(3)(d) of the Act had the person declared the
expenses or property to us.
For further information about clawback under advice and assistance, and payment under regulation
16(3), you should refer to chapter 9 of the Civil Legal Assistance Handbook.
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Keycard – effective 10 April 2012
Civil legal aid
Eligibility limits
To do work as a matter of special urgency under regulation 18, you have to complete the mandate
which is designed to assist you to assess your client’s financial eligibility. The mandate can be found
either in section D of the CIV/SOL Family or CIV/SOL Non Family applications or in the CIV/SU (Special
Urgency) application. To complete the mandate you need to apply the current eligibility limits and
allowances, which are:
Disposable income
The lower disposable income limit, on or below which a
person will not have to pay a contribution from income
The upper disposable income limit, above which a
person will be ineligible on income
£3,521
£26,239
Allowances for a partner and dependants
Partner living with the applicant
£2,154
For any dependent person who is wholly or substantially
maintained, being a member of the applicant’s household,
who is not entitled to any income from any source in their
own right
£3,459
Particular situations

Adults with Incapacity
Where the applicant is seeking orders relating to the welfare of the Adult or a combined order dealing
with welfare and the financial affairs of the Adult no assessment of financial circumstances need be
undertaken. If the orders sought deal solely with the financial affairs of the Adult you must assess the
disposable income and capital of the Adult concerned, not those of the person making the application.

Pension credits
You should disregard any income from a state pension credit under the State Pension Credit Act 2002.
However, you should fully assess any other income.

Applications from children
The resources of any person who owes an obligation of aliment to that child, within the definition given
in section 1(1)(c) or (d) of the 1985 Act, must be included, along with the child’s resources in
establishing financial eligibility unless it would be unjust or inequitable to do so. If you consider this to
be the case, please seek further advice from the Board.
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Keycard – effective 10 April 2012
Calculating income contributions
If someone’s disposable income exceeds £3,521 they are eligible on income, but will have to pay a
contribution. The following table sets out how the contribution should be calculated
Disposable income
Contribution rates applied to income in
that range
0%
33%
50%
100%
Not eligible
Below £3,521
£3,522 - £11,540,
£11,541 - £15,743
£15,744- £26,239
Over £26,239
Disposable capital
The lower capital eligibility limit, on or below which a
person will not have to pay a contribution
The upper capital eligibility limit, above which the Board
may refuse a person legal aid if it considers they can afford
to proceed without it
£7,853
£13,017
If someone’s disposable capital is between £7,853 and £13,017 they are eligible on capital, but will
have to pay a contribution. This contribution is equal to the difference between their capital and
£7,853.
Unlike advice and assistance there are no statutory allowances from capital for partners or
dependants.
Clawback limits
You should refer to the Civil Legal Assistance Handbook for guidance on clawback.
The requirement for someone receiving civil legal aid to pay any net liability to the Fund does not
apply to property recovered or preserved under certain family proceedings listed in regulation 33(b) of
the Civil Legal Aid (Scotland) Regulations 2002, to the extent set out in the regulation. This
exemption no longer applies to civil legal aid granted on or after 1 April 2011.
Date of order or settlement prior to 1 December 2002
£2,500
Date of order or settlement on or after 1 December 2002
(and not covered below)
£4,200
Date of application for civil legal aid between:
6 April 2003 and 11 April 2004
£4,275
12 April 2004 and 10 April 2005
£4,395
11 April 2005 and 9 April 2006
£4,531
10 April 2006 and 8 April 2007
£4,653
9 April 2007 and 6 April 2008
£4,821
7 April 2008 and 5 April 2009
£5,009
6 April 2009 and 11 April 2010
£5,259
12 April 2010 and 31 March 2011
£5338
On or after 1 April 2011
NIL
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Keycard – effective 10 April 2012
In relation to civil legal aid granted on or after 1 April 2011 no exemption can be made in respect of
any money payable under an order made by the Employment Appeal Tribunal or under any settlement
arrived at to prevent or bring to an end proceedings in which such an order may be made.
Page 17 of 17